Court No. - 73
Case :- APPLICATION U/S 482 No. - 16236 of 2019 Applicant :- Radhey Shyam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nehal Beg Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
Present application has been filed with a prayer that the Court below i.e. learned Chief Judicial Magistrate, Court No. 11 Azamgarh, be directed to decide the discharge application dated 10.10.2017, under Section 239 Cr.P.C. filed in Case No. 995 of 2017 (State Vs. Ashok Kumar Singh) arising out of Case Crime No. 428 of 2013 under Sections 406, 419 and 420 IPC, police station Jeeyanpur, District Azamgarh within a time bound period.
It has been argued by the learned counsel for the applicant that in pursuance of the order dated 11.09.2017 passed by this Court in application under Section 482 Cr.P.C. numbered as 30036 of 2017, opposite party no. 2 has moved an application for discharge before the learned Chief Judicial Magistrate, Court No. 11 Azamgarh but that application has not been decided so far.
In the facts and circumstances of the case, the present application is finally disposed of with the direction to the court concerned to decide the application of the applicant on its own merit, in accordance with law, expeditiously and within the time frame as directed by order dated 11.09.2017 passed in application u/s 482 No. 30036 of 2017 provided there is no legal impediment and no unnecessary adjournments shall be granted to the parties.
With with aforesaid observations/directions, the present application is finally disposed of.
Order Date :- 25.4.2019 Mohit Kushwaha